No.S/2017
83
PuBUC PROCUREMENT AND DISPOSAL OF Puauc AsSETS
Cap.22:23
Subcontracting
(l) Unless the procurement contract provides otherwise, a contractor may
subcontract part of its performance under the procurement contract, subject to the
written approval of the procuring entity for each subcontract:
Provided that the contractor shall not subcontract the performance of all its
obligations under the contract, nor shall the contractor assign the entire contract to a
subcontractor.
(2) Any subcontracting shall not diminish or affect the contractor's responsibility
for fulfilling its obligations under a procurement contract.
84
Inspection of goods and construction works
( 1) Where the procurement requirement consists of goods or construction
works, a procurement contract shall give the procuring entity the right(a) to inspect the procurement requirement before accepting it; and
(b) at all reasonable times, to observe and inspect the manufacture of the
goods or the progress of the construction work;
and the contract shall provide that any defects or omissions detected at such an inspection
or observation shall be remedied at the contractor's expense.
(2) A contractor shall, at its own expense, place at the procuring entity's disposal
any premises, facilities and personnel needed for inspections referred to in subsection
(1).
(3) The contractor and the procuring entity shall each bear the expenses for the
attendance of their respective representatives at inspections referred to in subsection
(l).
(4) If a contractor has been permitted to employ the services of a subcontractor,
it shall in its contract with the subcontractor reserve to the procuring entity the rights
of inspection and observation referred to in this section.
(5) A procuring entity may appoint(a) an inspection committee and additionally, or alternatively, an inspection
agent to carry out inspections referred to in subsection (1); and
(b) a technical committee to inspect the procurement requirement and accept
the performance under the contract.
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After-sale service
Bidding documents and a procurement contract may oblige a contractor to provide
workshops and spare parts for goods that require after-sale service, the duration of such
obligation corresponding to the average operating life of the goods.
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Insurance requirements
(1) Where in any procurement a successful bidder is required to obtain insurance,
the requirement shall be stated in the bidding documents or the request for proposals, as
the case may be, and in the procurement contract, indicating the amount and essential
terms of the insurance cover that the successful bidder is required to obtain.
(2) A procurement contract may require the contractor to cause any of its
subcontractors to take out and maintain insurance cover in accordance with the
requirements of the procurement contract.
(3) Where a procurement contract contains a requirement referred to in
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